[Pages H8239-H8245]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

MENTALLY ILL OFFENDER TREATMENT AND CRIME REDUCTION ACT OF 2004

Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass
the Senate bill (S. 1194) to foster local collaborations which will
ensure that resources are effectively and efficiently used within the
criminal and juvenile justice systems.
The Clerk read as follows:

S. 1194

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Mentally Ill Offender
Treatment and Crime Reduction Act of 2004''.

SEC. 2. FINDINGS.

Congress finds the following:

[[Page H8240]]

(1) According to the Bureau of Justice Statistics, over 16
percent of adults incarcerated in United States jails and
prisons have a mental illness.
(2) According to the Office of Juvenile Justice and
Delinquency Prevention, approximately 20 percent of youth in
the juvenile justice system have serious mental health
problems, and a significant number have co-occurring mental
health and substance abuse disorders.
(3) According to the National Alliance for the Mentally
Ill, up to 40 percent of adults who suffer from a serious
mental illness will come into contact with the American
criminal justice system at some point in their lives.
(4) According to the Office of Juvenile Justice and
Delinquency Prevention, over 150,000 juveniles who come into
contact with the juvenile justice system each year meet the
diagnostic criteria for at least 1 mental or emotional
disorder.
(5) A significant proportion of adults with a serious
mental illness who are involved with the criminal justice
system are homeless or at imminent risk of homelessness, and
many of these individuals are arrested and jailed for minor,
nonviolent offenses.
(6) The majority of individuals with a mental illness or
emotional disorder who are involved in the criminal or
juvenile justice systems are responsive to medical and
psychological interventions that integrate treatment,
rehabilitation, and support services.
(7) Collaborative programs between mental health, substance
abuse, and criminal or juvenile justice systems that ensure
the provision of services for those with mental illness or
co-occurring mental illness and substance abuse disorders can
reduce the number of such individuals in adult and juvenile
corrections facilities, while providing improved public
safety.

SEC. 3. PURPOSE.

The purpose of this Act is to increase public safety by
facilitating collaboration among the criminal justice,
juvenile justice, mental health treatment, and substance
abuse systems. Such collaboration is needed to--
(1) protect public safety by intervening with adult and
juvenile offenders with mental illness or co-occurring mental
illness and substance abuse disorders;
(2) provide courts, including existing and new mental
health courts, with appropriate mental health and substance
abuse treatment options;
(3) maximize the use of alternatives to prosecution through
graduated sanctions in appropriate cases involving nonviolent
offenders with mental illness;
(4) promote adequate training for criminal justice system
personnel about mental illness and substance abuse disorders
and the appropriate responses to people with such illnesses;
(5) promote adequate training for mental health and
substance abuse treatment personnel about criminal offenders
with mental illness or co-occurring substance abuse disorders
and the appropriate response to such offenders in the
criminal justice system;
(6) promote communication among adult or juvenile justice
personnel, mental health and co-occurring mental illness and
substance abuse disorders treatment personnel, nonviolent
offenders with mental illness or co-occurring mental illness
and substance abuse disorders, and support services such as
housing, job placement, community, faith-based, and crime
victims organizations; and
(7) promote communication, collaboration, and
intergovernmental partnerships among municipal, county, and
State elected officials with respect to mentally ill
offenders.

SEC. 4. DEPARTMENT OF JUSTICE MENTAL HEALTH AND CRIMINAL
JUSTICE COLLABORATION PROGRAM.

(a) In General.--Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended
by adding at the end the following:

``PART HH--ADULT AND JUVENILE COLLABORATION PROGRAM GRANTS

``SEC. 2991. ADULT AND JUVENILE COLLABORATION PROGRAMS.

``(a) Definitions.--In this section, the following
definitions shall apply:
``(1) Applicant.--The term `applicant' means States, units
of local government, Indian tribes, and tribal organizations
that apply for a grant under this section.
``(2) Collaboration program.--The term `collaboration
program' means a program to promote public safety by ensuring
access to adequate mental health and other treatment services
for mentally ill adults or juveniles that is overseen
cooperatively by--
``(A) a criminal or juvenile justice agency or a mental
health court; and
``(B) a mental health agency.
``(3) Criminal or juvenile justice agency.--The term
`criminal or juvenile justice agency' means an agency of a
State or local government or its contracted agency that is
responsible for detection, arrest, enforcement, prosecution,
defense, adjudication, incarceration, probation, or parole
relating to the violation of the criminal laws of that State
or local government.
``(4) Diversion and alternative prosecution and
sentencing.--
``(A) In general.--The terms `diversion' and `alternative
prosecution and sentencing' mean the appropriate use of
effective mental health treatment alternatives to juvenile
justice or criminal justice system institutional placements
for preliminarily qualified offenders.
``(B) Appropriate use.--In this paragraph, the term
`appropriate use' includes the discretion of the judge or
supervising authority, the leveraging of graduated sanctions
to encourage compliance with treatment, and law enforcement
diversion, including crisis intervention teams.
``(C) Graduated sanctions.--In this paragraph, the term
`graduated sanctions' means an accountability-based graduated
series of sanctions (including incentives, treatments, and
services) applicable to mentally ill offenders within both
the juvenile and adult justice system to hold individuals
accountable for their actions and to protect communities by
providing appropriate sanctions for inducing law-abiding
behavior and preventing subsequent involvement in the
criminal justice system.
``(5) Mental health agency.--The term `mental health
agency' means an agency of a State or local government or its
contracted agency that is responsible for mental health
services or co-occurring mental health and substance abuse
services.
``(6) Mental health court.--The term `mental health court'
means a judicial program that meets the requirements of part
V of this title.
``(7) Mental illness.--The term `mental illness' means a
diagnosable mental, behavioral, or emotional disorder--
``(A) of sufficient duration to meet diagnostic criteria
within the most recent edition of the Diagnostic and
Statistical Manual of Mental Disorders published by the
American Psychiatric Association; and
``(B)(i) that, in the case of an adult, has resulted in
functional impairment that substantially interferes with or
limits 1 or more major life activities; or
``(ii) that, in the case of a juvenile, has resulted in
functional impairment that substantially interferes with or
limits the juvenile's role or functioning in family, school,
or community activities.
``(8) Nonviolent offense.--The term `nonviolent offense'
means an offense that does not have as an element the use,
attempted use, or threatened use of physical force against
the person or property of another or is not a felony that by
its nature involves a substantial risk that physical force
against the person or property of another may be used in the
course of committing the offense.
``(9) Preliminarily qualified offender.--The term
`preliminarily qualified offender' means an adult or juvenile
accused of a nonviolent offense who--
``(A)(i) previously or currently has been diagnosed by a
qualified mental health professional as having a mental
illness or co-occurring mental illness and substance abuse
disorders; or
``(ii) manifests obvious signs of mental illness or co-
occurring mental illness and substance abuse disorders during
arrest or confinement or before any court; and
``(B) has faced, is facing, or could face criminal charges
for a misdemeanor or nonviolent offense and is deemed
eligible by a diversion process, designated pretrial
screening process, or by a magistrate or judge, on the ground
that the commission of the offense is the product of the
person's mental illness.
``(10) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``(11) Unit of local government.--The term `unit of local
government' means any city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State, including a State court, local court,
or a governmental agency located within a city, county,
township, town, borough, parish, or village.
``(b) Planning and Implementation Grants.--
``(1) In general.--The Attorney General, in consultation
with the Secretary, may award nonrenewable grants to eligible
applicants to prepare a comprehensive plan for and implement
an adult or juvenile collaboration program, which targets
preliminarily qualified offenders in order to promote public
safety and public health.
``(2) Purposes.--Grants awarded under this section shall be
used to create or expand--
``(A) mental health courts or other court-based programs
for preliminarily qualified offenders;
``(B) programs that offer specialized training to the
officers and employees of a criminal or juvenile justice
agency and mental health personnel serving those with co-
occurring mental illness and substance abuse problems in
procedures for identifying the symptoms of preliminarily
qualified offenders in order to respond appropriately to
individuals with such illnesses;
``(C) programs that support cooperative efforts by criminal
and juvenile justice agencies and mental health agencies to
promote public safety by offering mental health treatment
services and, where appropriate, substance abuse treatment
services for--
``(i) preliminarily qualified offenders with mental illness
or co-occurring mental illness and substance abuse disorders;
or
``(ii) adult offenders with mental illness during periods
of incarceration, while under the supervision of a criminal
justice agency, or following release from correctional
facilities; and
``(D) programs that support intergovernmental cooperation
between State and local governments with respect to the
mentally ill offender.
``(3) Applications.--
``(A) In general.--To receive a planning grant or an
implementation grant, the joint applicants shall prepare and
submit a single application to the Attorney General at such
time, in such manner, and containing such information as the
Attorney General and the Secretary shall reasonably require.
An application under part V of this title may be made in
conjunction with an application under this section.
``(B) Combined planning and implementation grant
application.--The Attorney General and the Secretary shall
develop a procedure under which applicants may apply at the
same time and in a single application for a planning grant
and an implementation grant, with receipt of the
implementation grant conditioned on successful completion of
the activities funded by the planning grant.
``(4) Planning grants.--

[[Page H8241]]

``(A) Application.--The joint applicants may apply to the
Attorney General for a nonrenewable planning grant to develop
a collaboration program.
``(B) Contents.--The Attorney General and the Secretary may
not approve a planning grant unless the application for the
grant includes or provides, at a minimum, for a budget and a
budget justification, a description of the outcome measures
that will be used to measure the effectiveness of the program
in promoting public safety and public health, the activities
proposed (including the provision of substance abuse
treatment services, where appropriate) and a schedule for
completion of such activities, and the personnel necessary to
complete such activities.
``(C) Period of grant.--A planning grant shall be effective
for a period of 1 year, beginning on the first day of the
month in which the planning grant is made. Applicants may not
receive more than 1 such planning grant.
``(D) Amount.--The amount of a planning grant may not
exceed $75,000, except that the Attorney General may, for
good cause, approve a grant in a higher amount.
``(E) Collaboration set aside.--Up to 5 percent of all
planning funds shall be used to foster collaboration between
State and local governments in furtherance of the purposes
set forth in the Mentally Ill Offender Treatment and Crime
Reduction Act of 2004.
``(5) Implementation grants.--
``(A) Application.--Joint applicants that have prepared a
planning grant application may apply to the Attorney General
for approval of a nonrenewable implementation grant to
develop a collaboration program.
``(B) Collaboration.--To receive an implementation grant,
the joint applicants shall--
``(i) document that at least 1 criminal or juvenile justice
agency (which can include a mental health court) and 1 mental
health agency will participate in the administration of the
collaboration program;
``(ii) describe the responsibilities of each participating
agency, including how each agency will use grant resources to
provide supervision of offenders and jointly ensure that the
provision of mental health treatment services and substance
abuse services for individuals with co-occurring mental
health and substance abuse disorders are coordinated, which
may range from consultation or collaboration to integration
in a single setting or treatment model;
``(iii) in the case of an application from a unit of local
government, document that a State mental health authority has
provided comment and review; and
``(iv) involve, to the extent practicable, in developing
the grant application--

``(I) preliminarily qualified offenders;
``(II) the families and advocates of such individuals under
subclause (I); and
``(III) advocates for victims of crime.

``(C) Content.--To be eligible for an implementation grant,
joint applicants shall comply with the following:
``(i) Definition of target population.--Applicants for an
implementation grant shall--

``(I) describe the population with mental illness or co-
occurring mental illness and substance abuse disorders that
is targeted for the collaboration program; and
``(II) develop guidelines that can be used by personnel of
an adult or juvenile justice agency to identify preliminarily
qualified offenders.

``(ii) Services.--Applicants for an implementation grant
shall--

``(I) ensure that preliminarily qualified offenders who are
to receive treatment services under the collaboration program
will first receive individualized, validated, needs-based
assessments to determine, plan, and coordinate the most
appropriate services for such individuals;
``(II) specify plans for making mental health, or mental
health and substance abuse, treatment services available and
accessible to preliminarily qualified offenders at the time
of their release from the criminal justice system, including
outside of normal business hours;
``(III) ensure that there are substance abuse personnel
available to respond appropriately to the treatment needs of
preliminarily qualified offenders;
``(IV) determine eligibility for Federal benefits;
``(V) ensure that preliminarily qualified offenders served
by the collaboration program will have adequate supervision
and access to effective and appropriate community-based
mental health services, including, in the case of individuals
with co-occurring mental health and substance abuse
disorders, coordinated services, which may range from
consultation or collaboration to integration in a single
setting treatment model;
``(VI) make available, to the extent practicable, other
support services that will ensure the preliminarily qualified
offender's successful reintegration into the community (such
as housing, education, job placement, mentoring, and health
care and benefits, as well as the services of faith-based and
community organizations for mentally ill individuals served
by the collaboration program); and
``(VII) include strategies, to the extent practicable, to
address developmental and learning disabilities and problems
arising from a documented history of physical or sexual
abuse.

``(D) Housing and job placement.--Recipients of an
implementation grant may use grant funds to assist mentally
ill offenders compliant with the program in seeking housing
or employment assistance.
``(E) Policies and procedures.--Applicants for an
implementation grant shall strive to ensure prompt access to
defense counsel by criminal defendants with mental illness
who are facing charges that would trigger a constitutional
right to counsel.
``(F) Financial.--Applicants for an implementation grant
shall--
``(i) explain the applicant's inability to fund the
collaboration program adequately without Federal assistance;
``(ii) specify how the Federal support provided will be
used to supplement, and not supplant, State, local, Indian
tribe, or tribal organization sources of funding that would
otherwise be available, including billing third-party
resources for services already covered under programs (such
as Medicaid, Medicare, and the State Children's Insurance
Program); and
``(iii) outline plans for obtaining necessary support and
continuing the proposed collaboration program following the
conclusion of Federal support.
``(G) Outcomes.--Applicants for an implementation grant
shall--
``(i) identify methodology and outcome measures, as
required by the Attorney General and the Secretary, to be
used in evaluating the effectiveness of the collaboration
program;
``(ii) ensure mechanisms are in place to capture data,
consistent with the methodology and outcome measures under
clause (i); and
``(iii) submit specific agreements from affected agencies
to provide the data needed by the Attorney General and the
Secretary to accomplish the evaluation under clause (i).
``(H) State plans.--Applicants for an implementation grant
shall describe how the adult or juvenile collaboration
program relates to existing State criminal or juvenile
justice and mental health plans and programs.
``(I) Use of funds.--Applicants that receive an
implementation grant may use funds for 1 or more of the
following purposes:
``(i) Mental health courts and diversion/alternative
prosecution and sentencing programs.--Funds may be used to
create or expand existing mental health courts that meet
program requirements established by the Attorney General
under part V of this title, other court-based programs, or
diversion and alternative prosecution and sentencing programs
(including crisis intervention teams and treatment
accountability services for communities) that meet
requirements established by the Attorney General and the
Secretary.
``(ii) Training.--Funds may be used to create or expand
programs, such as crisis intervention training, which offer
specialized training to--

``(I) criminal justice system personnel to identify and
respond appropriately to the unique needs of preliminarily
qualified offenders; or
``(II) mental health system personnel to respond
appropriately to the treatment needs of preliminarily
qualified offenders.

``(iii) Service delivery.--Funds may be used to create or
expand programs that promote public safety by providing the
services described in subparagraph (C)(ii) to preliminarily
qualified offenders.
``(iv) In-jail and transitional services.--Funds may be
used to promote and provide mental health treatment and
transitional services for those incarcerated or for
transitional re-entry programs for those released from any
penal or correctional institution.
``(J) Geographic distribution of grants.--The Attorney
General, in consultation with the Secretary, shall ensure
that planning and implementation grants are equitably
distributed among the geographical regions of the United
States and between urban and rural populations.
``(c) Priority.--The Attorney General, in awarding funds
under this section, shall give priority to applications
that--
``(1) demonstrate the strongest commitment to ensuring that
such funds are used to promote both public health and public
safety;
``(2) demonstrate the active participation of each co-
applicant in the administration of the collaboration program;
``(3) document, in the case of an application for a grant
to be used in whole or in part to fund treatment services for
adults or juveniles during periods of incarceration or
detention, that treatment programs will be available to
provide transition and re-entry services for such
individuals; and
``(4) have the support of both the Attorney General and the
Secretary.
``(d) Matching Requirements.--
``(1) Federal share.--The Federal share of the cost of a
collaboration program carried out by a State, unit of local
government, Indian tribe, or tribal organization under this
section shall not exceed--
``(A) 80 percent of the total cost of the program during
the first 2 years of the grant;
``(B) 60 percent of the total cost of the program in year
3; and
``(C) 25 percent of the total cost of the program in years
4 and 5.
``(2) Non-federal share.--The non-Federal share of payments
made under this section may be made in cash or in-kind fairly
evaluated, including planned equipment or services.
``(e) Federal Use of Funds.--The Attorney General, in
consultation with the Secretary, in administering grants
under this section, may use up to 3 percent of funds
appropriated to--
``(1) research the use of alternatives to prosecution
through pretrial diversion in appropriate cases involving
individuals with mental illness;
``(2) offer specialized training to personnel of criminal
and juvenile justice agencies in appropriate diversion
techniques;
``(3) provide technical assistance to local governments,
mental health courts, and diversion programs, including
technical assistance relating to program evaluation;
``(4) help localities build public understanding and
support for community reintegration of individuals with
mental illness;
``(5) develop a uniform program evaluation process; and
``(6) conduct a national evaluation of the collaboration
program that will include an assessment of its cost-
effectiveness.

[[Page H8242]]

``(f) Interagency Task Force.--
``(1) In general.--The Attorney General and the Secretary
shall establish an interagency task force with the
Secretaries of Housing and Urban Development, Labor,
Education, and Veterans Affairs and the Commissioner of
Social Security, or their designees.
``(2) Responsibilities.--The task force established under
paragraph (1) shall--
``(A) identify policies within their departments that
hinder or facilitate local collaborative initiatives for
preliminarily qualified offenders; and
``(B) submit, not later than 2 years after the date of
enactment of this section, a report to Congress containing
recommendations for improved interdepartmental collaboration
regarding the provision of services to preliminarily
qualified offenders.
``(g) Minimum Allocation.--Unless all eligible applications
submitted by any State or unit of local government within
such State for a planning or implementation grant under this
section have been funded, such State, together with grantees
within the State (other than Indian tribes), shall be
allocated in each fiscal year under this section not less
than 0.75 percent of the total amount appropriated in the
fiscal year for planning or implementation grants pursuant to
this section.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to the Department of Justice to
carry out this section--
``(1) $50,000,000 for fiscal year 2005; and
``(2) such sums as may be necessary for fiscal years 2006
through 2009.''.
(b) List of ``Best Practices''.--The Attorney General, in
consultation with the Secretary of Health and Human Services,
shall develop a list of ``best practices'' for appropriate
diversion from incarceration of adult and juvenile offenders.

The SPEAKER pro tempore (Mr. Foley). Pursuant to the rule, the
gentleman from Wisconsin (Mr. Sensenbrenner) and the gentlewoman from
Texas (Ms. Jackson-Lee) each will control 20 minutes.
The Chair recognizes the gentleman from Wisconsin (Mr.
Sensenbrenner).

General Leave

Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on S. 1194, the bill
currently under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may
consume.
Before beginning my statement, let me state that after the committee
filed the committee report on this legislation, we received a
Congressional Budget Office cost estimate dated October 6, 2004, and I
will insert this cost estimate into the Record at this point.

October 6, 2004.
Hon F. James Sensenbrenner, Jr.,
Chairman, Committee on the Judiciary, House of
Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1194, the Mentally
Ill Offender Treatment and Crime Reduction Act of 2004.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susanne S.
Mehlman.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
S. 1194--Mentally Ill Offender Treatment and Crime Reduction
Act of 2004
Summary: S. 1194 would authorize the appropriation of $50
million for fiscal year 2005 and such sums as may be
necessary for the 2006-2009 period for the Department of
Justice to make grants to state and local governments to
improve the treatment of criminal offenders with mental
illnesses or substance abuse disorders. CBO estimates that
implementing the bill would cost $172 million over the 2005-
2009 period, assuming the appropriation of the necessary
amounts. Enacting S. 1194 would not affect direct spending or
revenues.
S. 1194 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act
(UMRA). The creation of a new grant for mental health
programs in the state, local, or tribal justice systems would
benefit those governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1194 is shown in the following table.
For this estimate, CBO assumes that the authorized amounts
will be appropriated near the start of each fiscal year and
that outlays will follow the historical rate of spending for
similar programs. For the 2006-2009 authorization levels, CBO
estimated the necessary funding levels by adjusting the
fiscal year 2005 authorization level for anticipated
inflation. The costs of this legislation fall within budget
function 750 (administration of justice).

------------------------------------------------------------------------
By fiscal year, in millions of
dollars--
----------------------------------
2005 2006 2007 2008 2009
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level........ 50 51 52 53 55
Estimated Outlays.................... 11 26 37 45 53
------------------------------------------------------------------------

Intergovernmental and private-sector impact: S. 1194
contains no intergovernmental or private-sector mandates as
defined in UMRA and would benefit state, local, and tribal
governments by authorizing a joint grant program between
those justice systems and social service providers. These
grants could be used for planning and implementing
alternative court systems for defendants with mental illness,
creating training and treatment programs, and coordinating
efforts of state and local governments. Any costs to those
governments would be voluntarily as conditions of receiving
federal aid.
Previous CBO estimate: On October 28, 2003, CBO transmitted
a cost estimate for S. 1194, as reported by the Senate
Committee on the Judiciary on October 23, 2003. The two
versions of the bill are similar, though the authorization
levels and timing of the authorizations differ and the cost
estimates reflect those differences.
Estimate prepared by: Federal Costs: Susanne S. Mehlman;
Impact on State, Local, and Tribal Governments: Melissa
Merrell; and Impact on the Private Sector: Paige Piper/Bach.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Mr. Speaker, many of our Nation's inmates are mentally ill, and the
system is not well equipped to deal with them. The Bureau of Justice
Statistics estimated in 1999 that 16 percent of State prison inmates, 7
percent of Federal inmates, and 16 percent of those in local jails or
on probation reported either a mental condition or an overnight stay in
a mental hospital.
According to this study and others, homelessness and unemployment are
most prevalent amongst the mentally ill. Mental health treatment and
other forms of assistance for the nonviolent mentally ill offenders can
reduce recidivism in the criminal justice system. These offenders
require treatment for their mental illness and often for their drug and
alcohol abuse problems as well.
In response to this problem, Members on both sides of the aisle have
proposed this bill to establish a grant program to encourage States to
address this issue. The grants may be used to fund mental health courts
or diversion programs for those with mental health issues. They may
also be used to promote cooperation between the criminal justice system
and the mental health community, or to train both criminal justice
personnel and mental health providers to respond to the needs of
mentally ill offenders.
In addition, changes were made to S. 1194 by the Committee on the
Judiciary to encourage a system of graduated sanctions for mentally ill
offenders and supervision of those who are offered a diversion option
to ensure the safety of the community.
I believe this legislation will reduce recidivism amongst the
mentally ill while striking the appropriate balance between protecting
our communities and addressing the needs of mentally ill offenders. I
urge my colleagues to join me in supporting it.
Mr. Speaker, I reserve the balance of my time.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, this is Mental Health Awareness Week, and I rise to
support S. 1194, the Mentally Ill Offender Treatment and Crime
Reduction Act of 2003. This bill is designed to address the needs of
mental illness sufferers who become entangled in the criminal justice
system. All too often we find that mentally ill defendants are
inappropriately placed into criminal or juvenile corrections
facilities, and the negative impact that this has on the individual and
society is reflected in increased recidivism rates, wasted
administrative costs, and unnecessary overcrowding of correction
facilities, among other things. The Bureau of Justice reported that, in
1998, over 280,000 individuals in jail or prison and almost 550,000 of
those on probation had a mental impairment.
The mentally ill are disproportionately represented in jails and
prisons and amongst our homeless, leaving them vulnerable to criminal
acts as well as criminal activities. Five percent of all Americans have
a serious mental illness, but 16 to 20 percent of incarcerated persons
have a mental impairment. We need to direct the kinds of resources for
this issue that will provide meaningful solutions, including

[[Page H8243]]

expanding diversion programs, community-based treatment, re-entry
services, and improved treatment during incarcerations.
The Mentally Ill Offender Treatment and Crime Reduction Act of 2003
recognizes that true partnerships between the mental health and
criminal and juvenile corrections systems and between the Federal and
State governments are needed to meet these challenges. Indeed, the bill
requires that Federal funds authorized under this program be
supplemented with contributions from the States, local governments and
tribal organizations.
Under the provisions of this bill, planning and implementation grants
would be authorized for creation or expansion of mental health courts
or other court-based programs for preliminary qualified offenders;
training of criminal and juvenile justice personnel and mental health
professionals about mental illness and substance abuse disorders;
creation or expansion of cooperative efforts between criminal and
juvenile justice agencies and mental health agencies; and creation or
expansion of intergovernmental cooperation between State and local
governments with respect to the mentally ill offender.
Mr. Speaker, S. 1194 would authorize a grants program of $100 million
a year for 2 years and would authorize amounts necessary to cover the
final 3 years. Furthermore, this bill would establish a Federal
interagency task force to identify better Federal, local and
interdepartmental coordination of mental health services.
Congress has an obligation to legislate to protect the community from
those who become aggressive or violent because of mental illness. We
also have a responsibility to see that the offender receives the proper
treatment for his or her illness. Far too often, mental illness goes
undiagnosed, and many in our prison systems would do better in
alternative settings designed to handle their particular needs.
This legislation has many supporters. It has been advocated by the
U.S. Conference of Bishops and, according to its statement, S. 1194
would be a good start in ensuring that mentally ill offenders receive
the proper treatment they need with grants designed to create
community-based treatment programs and other services.
Mr. Speaker, I ask my colleagues in the first instance to support
this particular legislation and, as well, to be cognizant of the need
for more mental health services around the Nation at this time.
Mr. Speaker, I rise in support of S. 1194, the ``Mentally Ill
Offender Treatment and Crime Reduction Act of 2003.'' This bill is
designed to address the needs of mental illness sufferers who become
entangled within the criminal justice system.
All too often, we find that mentally ill defendants are
inappropriately placed into criminal or juvenile corrections
facilities, and the negative impact that this has on the individual and
society is reflected in increased recidivism rates, wasted
administrative costs, and unnecessary overcrowding of corrections
facilities, among other things.
The Bureau of Justice reported that in 1998 over 280,000 individuals
in jail or prison and almost 550,000 of those on probation had a mental
impairment. The mentally ill are disproportionately represented in
jails and prisons. Five percent of all Americans have a serious mental
illness, but sixteen to twenty percent of incarcerated individuals have
a mental impairment.
We need to direct the kinds of resources for this issue that will
provide meaningful solutions, including expanding diversion programs,
community-based treatment, re-entry services, and improved treatment
during incarceration. The Mentally Ill Offender Treatment and Crime
Reduction Act of 2003 recognizes that true partnerships between the
mental health and criminal and juvenile corrections systems and between
the Federal and State Governments are needed to meet these challenges.
Indeed, the bill requires that Federal funds authorized under this
program be supplemented with contributions from the States, local
governments, and tribal organizations.

Under the provisions of this Bill, planning and implementation grants
would be authorized for the:
Creation or expansion of mental health courts or other court-based
``programs for preliminarily qualified offenders'';
Training of criminal and juvenile justice personnel and mental health
professionals about mental illness and substance abuse disorders;
Creation or expansion of cooperative efforts between criminal and
juvenile justice agencies and mental health agencies; and
Creation or expansion of intergovernmental cooperation between State
and local governments with respect to the mentally ill offender.
S. 1194 would authorize the grants program at $100 million a year for
2 years and would authorize the amounts necessary to cover the final 3
years. Furthermore, this bill would establish a Federal ``Interagency
Task Force'' to identify better Federal-local and interdepartmental
coordination of mental health services.
Congress has an obligation to legislate to protect the community from
those who become aggressive or violent because of mental illness. We
also have a responsibility to see that the offender receives the proper
treatment for his or her illness. Far too often, mental illness goes
undiagnosed, and many in our prison system would do better in
alternative settings designed to handle their particular needs.

This legislation has been advocated by the U.S. Conference of
Bishops. According to its statement, S. 1194 would be ``a good start
towards ensuring that mentally ill offenders receive the proper
treatment they need with grants designed to create community based
treatment programs and other services.''
In Texas, past treatment of mentally ill offenders illustrates the
need for legislation such as S. 1194. Senior U.S. District Judge
William Wayne Justice, who is experienced in dealing with mentally ill
prisoners in Texas, ruled in 1980 that the Texas prison system is
unconstitutional and placed it under Federal control for 30 years. In
Judge Justice's estimation, the Texas laws that apply to the mentally
ill ``lack compassion and emphasize vengeance.'' KPFT news reported him
as having said, ``We have allowed the spirit of vengeance such
unrivaled sway in our dealings with those who commit crime that we have
ceased to consider properly whether we have taken adequate account of
the role that mental impairment may play in the determination of moral
responsibility. As a result, we punish those who we cannot justly
blame. Such result is not, I believe worthy of a civil society.''
The Mentally Ill Offender Treatment and Crime Reduction Act of 2003
takes a good first step toward reforming a system that has operated
under a shield for far too long. We must continue to make this
legislation effective enough to save the lives of these defendants who
are truly victims.
Mr. Speaker, for the reasons above-stated, I support the legislation
before this body as reported favorably by the Full Committee on the
Judiciary and its Subcommittee on Crime, Terrorism, and Homeland
Security.
Mr. Speaker, I am delighted to yield 5 minutes to the gentleman from
Rhode Island (Mr. Kennedy), one of this Congress's most vocal and most
passionate voices for the underserved when it comes to mental health
services around the Nation and has consistently battled on their
behalf.
Mr. KENNEDY of Rhode Island. Mr. Speaker, I thank the gentlewoman for
her kind words and her leadership on this issue as well. I thank the
chairman as well for his work on this legislation.
I just wanted an opportunity to speak on this for a moment or two. It
is true that, this week, we are celebrating the Mental Health Awareness
Month, and it is appropriate as we celebrate it, to reflect on what we
are doing as a Nation to address mental illness in this country. We
have 271 cosponsors of mental health parity legislation in this House.
We have 71 cosponsors in the United States Senate for mental health
parity. We have 368 sponsors by national organizations endorsing mental
health parity, and yet, mental health parity legislation is bottled up
in committee.
Mental health parity legislation is very basic. It simply says that
mental illness is treated as every other physical illness. And if
anyone had a doubt that mental illness is not a physical illness, if
their common sense did not tell them this, well, we have reams of
evidence and knowledge supporting it. Even the Surgeon General Carmona
and the former Surgeon General Satcher have released very extensive
reports about the need to address the problem of mental illness in this
country.
I say all of this because, today, we are addressing a bill that is
designed to meet the needs of those who are incarcerated in this
country by developing a stronger mental health network for those
prisoners either coming out of prison or those juveniles before they
end up in prison. But, Mr. Speaker, I would suggest that we would not
have the problems in this country, where in our prison system we have 2
million people in this country incarcerated,

[[Page H8244]]

more people incarcerated in this country than any other industrialized
Nation on the face of the earth.

{time} 1500

That is an indictment, an indictment on our society that we as a
country are picking up the broken pieces of people's lives because we
as a country have not done what we are supposed to do in providing
those support services, providing that counseling, making sure that our
health care system treats the health care needs of those with mental
illness.
It is discriminatory for someone with a chemical imbalance in their
brain not to be given the same services and health care that someone
suffering diabetes would be given. It is a shame and a violation that
we are spending less money on mental health care research than many,
many other diseases that do not even reflect a fraction of the burden
of the disease that mental illness does in this country.
The biggest mental health hospital in this country is Los Angeles
County Jail. The biggest mental health hospital is Los Angeles County
Jail. Our prisons represent the unmet need of this country when it
comes to those with mental illness.
So, Mr. Speaker, when it comes to S. 1194, I want to come down here
and say this is the kind of legislation we need. We need to do more of
this. But I might add we ought to do this in a comprehensive fashion,
and that means we ought to pass mental health parity legislation. I
hope we get a chance, if not in this Congress, in next Congress to
finally pass mental health parity legislation. Not is it only a matter
of failure in our health care system, but it is a matter of civil
rights and human rights for those who suffer from mental illness
because, indeed,their illness is the only illness that is being
discriminated against in this country.
We spend money for every other illness, but we do not spend the money
on this illness because somehow our country has not recognized that
this is a real physical illness and as such we as a Nation are
continuing the discrimination, the stigma that exists against people
with mental illness. I look forward to working with my colleagues on
this and many other bills that have to do with juvenile justice and
mental illness.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield myself 1 minute.
Mr. Speaker, it is an indictment. Certainly this bill stands as a
model of what we can do for incarcerated persons suffering from mental
illness; but we are long overdue, long overdue from the vast
understanding of mental health in this country and the need for a
mental health parity bill. I cannot thank the gentleman enough for
being the leader of this team that continues to work on this issue.
Mr. Speaker, I yield 4 minutes to the gentleman from Ohio (Mr.
Strickland), who brings not only his professional background, but we
have worked over the years together, particularly after the numerous
school shootings, on issues dealing with counselors in schools and the
need for mental health care in schools.
Mr. STRICKLAND. Mr. Speaker, I rise in support of S. 1194, the
Mentally Ill Offender Treatment and Crime Reduction Act. As the sponsor
of H.R. 2387, the companion House bill to S. 1194, I am very pleased to
have this legislation on the floor, and I would like to thank my
colleagues on the Committee on the Judiciary and their staff who have
been instrumental in moving this legislation.
S. 1194 was introduced and shepherded through the Senate by Ohio
Senator Mike DeWine, and I would like to thank him for his leadership
and friendship. Senator DeWine and I have worked together to end the
criminalization of the mentally ill since the 106th Congress when we
introduced and passed into law a bill that established a small
demonstration program to help communities begin and operate mental
health courts. Response to the mental health courts program has been
tremendous, with the Department of Justice receiving applications from
far more communities than they could fund with the small appropriations
allocated for the program.
I am fortunate that two of the mental health courts grants have been
awarded to jurisdictions that serve my constituents in Youngstown, Ohio
and Athens, Hocking, and Vinton counties.
To build on the success of the mental health courts, Senator DeWine
and I introduced the bill before us today. As a counseling psychologist
who has worked at a maximum security prison, I know how important this
legislation is for improving mental health treatment. This bill
addresses one small part of the mentally ill population's complex
treatment system by seeking to treat mentally ill individuals who are
or who become involved in the criminal or juvenile justice systems.
According to the Bureau of Justice statistics, over 16 percent of
adults incarcerated in U.S. jails and prisons have a mental illness. In
addition, the Office of Juvenile Justice and Delinquency Prevention
reports that over 20 percent of the youth in the juvenile justice
system have serious mental health problems, and many more have co-
occurring mental health and substance abuse disorders. If a person with
mental illness does not receive treatment, his or her condition almost
certainly will worsen when he or she is in custody. Generally, the
criminal justice system is not equipped to identify and ensure that
people with mental illness find appropriate treatment programs, either
through diversion into community treatment or within a jail or prison.
The Mentally Ill Offender Treatment and Crime Reduction Act addresses
the needs of both the criminal justice system and the mentally ill
offender population. The bill creates a grant program for communities
that will provide resources for diversion programs across the spectrum
of the criminal justice system. Communities will also be able to design
programs that provide mental health treatment in jails and in prisons.
And, finally, grants will be available for transitional and aftercare
programs that seek to ensure offenders are provided appropriate
treatment and care when they transition from jail back into the
community. They transition from the jail or prison back into the
communities when they have completed their sentences.
In addition, the bill calls for an interagency task force to be
established at the Federal level. Task force members will include the
Attorney General, the Secretaries of Health and Human Services, Labor,
Education, Veterans Affairs, and Housing and Urban Development and the
Commissioner of Social Security who will be charged with identifying
ways that Federal Departments can respond in a collaborative way to the
needs of mentally ill adults and juveniles.
I believe that encouraging collaboration at the Federal, State, and
local levels of government is essential to ensuring that people with
mental illness are able to access appropriate treatment. Again, I would
like to thank the chairman of the committee and the staff of the
committee, as well as Members on my side of the aisle and for Senator
Mike DeWine's heroic efforts in the Senate for bringing this bill to
the floor.
Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to the gentleman
from California (Mr. Cunningham).
Mr. CUNNINGHAM. Mr. Speaker, I commend both the minority and the
majority for bringing this bill up as a suspension. It should pass
well. But I would like to address something my friend, the gentleman
from Rhode Island (Mr. Kennedy), said. It is not negative. It is just a
difference of opinion and the fact that we ought to condemn our society
for all of the people that are in jail.
I remember a young gentleman that spray-painted a car in Singapore,
and he was caned. And I guarantee you he would not do that in
Singapore, although the gentleman from Wisconsin (Mr. Sensenbrenner)
did tell me he did get in trouble in the United States and then got a
letter from the head of Singapore and said, I do not think he would
have done that here.
In many cases, our penalties are not strong enough. We found that if
many times a youth will commit a crime and just get their hands
slapped, he will commit another crime and get their hands slapped and
each time it elevates in severity. And many times we need the
counseling, we need the guidance, I agree. And in first-time offenders
I think it is very important too, but in many cases the penalty is not
strong enough, so we end up with more people in jail.

[[Page H8245]]

Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield 2 minutes to the
distinguished gentleman from Rhode Island (Mr. Kennedy).
Mr. KENNEDY of Rhode Island. Mr. Speaker, I would agree with the
gentleman. The big problem here is a lot of these kids do not get
anyone to pay attention to them until it starts to be too late. They
commit so many crimes. They do not have the people intervene early when
they show the predisposition to having a proclivity to commit crimes
where they might just be calling out for help. And so the kind of
grants that are going to be provided under this legislation ideally
will be used as they are designed to be used in the prevention of kids
getting into trouble. Because at the very outset, those children, if
identified with mental illness, will get the treatment they need.
I have talked to both family court judges in Rhode Island and State
court judges. The family court is very excited about the chance to have
a mental health court where the child can be brought in and the family
can be brought in and they can be given a treatment plan.
In the State court situations, the judges can talk about bail and
say, listen, you have a chance. If you go to this treatment program you
can avoid perhaps getting sentenced, if it is a minor petty crime.
So these things make sense not only for those who are caught up in
our prison system, but of course it makes sense for all of us as a
society to try to do the right thing early on, and I think this
legislation goes in that direction. That is why I support it.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, in closing, I was expecting another speaker. I do not
see that that person has arrived at this point. But let me in closing
on this legislation ask my colleagues to support it.
Let me mention a fallen colleague, Senator Paul Wellstone, who I had
the pleasure of having spend some time with me in my congressional
district; and what the distinguished gentleman said from Rhode Island
(Mr. Kennedy) is very accurate.
We visited juvenile detention centers and found in the course of that
visit individuals who really needed to have intervention with respect
to mental health concerns. We found that constantly. And I just want to
mention that in Texas past treatments of mentally ill offenders
certainly illustrates the need for this legislation.
Senior U.S. District Judge William Wayne Justice, who is experienced
in dealing with mentally ill prisoners in Texas, ruled in 1980 that the
Texas prison system is unconstitutional and placed under Federal
control for 30 years. In Judge Justice's estimation, the Texas laws
that apply to the mentally ill lack compassion and emphasize a
vengeance.
KPFT News reported him as having said, ``We have allowed the spirit
of vengeance such unrivaled sway in our dealings with those who commit
crime that we cease to consider properly whether we have taken adequate
account of the role that mental impairment may play in the
determination of moral responsibility. As a result, we punish those who
we cannot justify blame. Such result is not I believe worthy of civil
society.''
This mentally ill offender treatment bill will answer the question
long asked in the State of Texas and many other States. Maybe the bill
will also give comfort to Lydia Roumo who called me today to indicate
that her sister-in-law was diagnosed manic depressive. The family had
sought help in many places but could not get her hospitalized due to
laws in this particular Nation. Unfortunately, she stopped taking her
medication, deteriorated and became homeless.
Certainly, this is part of the mental health concern. But the tragedy
of her sister-in-law is as she became homeless she also became a victim
of crime and was murdered just a few days ago.
The combination of homeless persons with mental impairment, the
combination of people who perpetrate terrible acts with mental
impairment and juveniles warrants an enthusiastic support of the
Mentally Ill Offender Treatment and Crime Reduction Act of 2003. I
thank the authors of this legislation. And to Lydia, let me say that
this is one step towards trying to solve her problem and the problems
of many, many families around the Nation who have experienced the
devastation of mental illness.
Mr. Speaker, I yield back the balance of my time.

{time} 1515

Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Foley). The question is on the motion
offered by the gentleman from Wisconsin (Mr. Sensenbrenner) that the
House suspend the rules and pass the Senate bill, S. 1194, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill, as amended, was
passed.
A motion to reconsider was laid on the table.

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